Q: One of our employees drinks a lot of water at work and goes to the bathroom continuously throughout the day. As a result, she uses far more than her normal breaks allow. She has provided documentation that a severe medical condition in her kidneys causes this predicament. Do we have to allow this? And
Jeff Nowak
Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing management. Jeff represents employers in all areas of labor and employment law, but his passion is the FMLA -- he eats, drinks and sleeps all things FMLA!
A Triple Dog Dare: Take These Five Steps in 2014 to Drastically Improve Your FMLA Compliance
It’s 2014. And I’m so cold, I can barely peck at the keyboard to type this post. Nevertheless, it’s time to get back to work in the New Year, which always is an ideal time to review and button up your FMLA practices. Let’s face it: before we know it, six months will have passed…
Happy Festivus…uh, I mean, Happy Holidays…and a Happy New Leave Year!
Many years ago, on December 23, Frank Costanza introduced Festivus to us. Whether it was the Airing of Grievances, Feats of Strength, or the aluminum pole, yet another Seinfeld episode had us in stitches.
Although we introduced no similar creative holidays on the blog this year, we still hope we brought a chuckle as we…
Conquering the FMLA Medical Certification Process: A Recap of our Webinar
Thanks to those who attended my webinar last week with Matt Morris on “Conquering the FMLA Medical Certification Process: Best Practices for Employers.”
We covered a whole host of topics during the webinar: How does an employer handle an employee who does not return medical certification? Or one that is vague and ambiguous? How should…
FMLA Insights Selected as One of Top 100 Legal Blogs by ABA Journal for A Third Consecutive Year
I am delighted and downright humbled to announce that our FMLA Insights blog has been selected for the third consecutive year as one of the Top 100 Legal Blogs of 2013 by the ABA Journal! In its 7th Annual ABA Journal Blawg 100, the ABA Journal also was kind enough to name FMLA…
“Eating Turkey Made Me Fall Asleep and I Missed my Shift”: How Employers Can Deal with the Most Outrageous Excuses for FMLA Leave
According to a recent CareerBuilder survey, nearly one-third (32 percent) of your employees have called in sick when they’re not actually sick. Perhaps just as notable, 30 percent of your employees admit that they have reported to work despite actually being sick. The reason? So they can save their sick days for when they’re…
Can an Indefinite Leave of Absence Be a Reasonable Accommodation?
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required? What law applies and what are the obligations for an employer in this situation?
Despite the uncertainty of what additional leave…
Employee with Crying Spells after Daughter’s Sexual Assault Has Viable FMLA Claim
Kris was forced to endure the unthinkable: her daughter had just become the victim of a sexual assault.
In the weeks that followed, Kris alerted her employer of the assault and the care her daughter would require in the time ahead. Kris suffered too. As her doctor would later report, she had crying spells, a…
Join Me for an FMLA Webinar: “Conquering the FMLA Medical Certification Process: Best Practices for Employers”
It’s webinar time!
FMLA Medical certification is designed to help employers better understand an employee’s medical condition and their need for time off from work. So, why does such a helpful tool tend to create angst, confusion and frustration within the employer community?
Let’s tackle medical certification head on! Please join us on Thursday, December…
FMLA FAQ: My Employee Took a Whole Lot of Leave Last Year. Is He Even Eligible Now for FMLA Leave?
Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four weeks. We’re now in a new FMLA year and he is requesting FMLA leave again.